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Jed Prest’s Answers

What to do about foreclosure and roach infested apt

i signed lease in nov 2012 couldnt sleep their untill dec 15 2012 roach infested. then when i sprayed bomb bomb powder you name i did. i started sleeping their in dec 15 2012. i get to the apt notice on door saying final forecloser april 12 2013. ...

Jed’s Answer

January 1, 2013 1:40pm

You need to speak with an attorney. Unless this is single family home, then the landlord is required to spray for roaches. The roaches could be a constructive eviction. A “constructive eviction” arises in Florida when “an act, although not amounting to an actual eviction, is done with the express or implied intention, and has the effect of essentially interfering with the tenant’s beneficial enjoyment of the leased premises.” You can possibly void the lease and seek damages.

The foreclosure actually does not affect you. The landlord still owns the property until it is sold at action and you are legally required to pay him. You may need to take him to small claims court in the future, but you are entitled to you deposit back.

Can a Florida Landlord charge late fee on the last month rent if he has enough security deposit to cover last month rent.

I paid first month and 2 months security deposit. My lease states due on 1st late on second. 50.00 late fee and 5.00 per day. I didn't pay last month because property was in mint condition and they didnt serve me a three day notice i figured they ...

Jed’s Answer

January 1, 2013 1:31pm

You need to speak with an local attorney. Unfortunately it sounds like you were in the wrong. The landlord is entitled to be paid per the lease and if late fees are included in the lease, then he is entitled to those as well. The security deposit may not cover all of those late fees. You should have discuss this with the landlord before unilaterally moving out.

Consequence of practicing architecture without a license

I have been an architect for many years. I inadvertently failed to renew my architecture license when it was due (I did not receive a notice and it didn't enter my mind). I renewed the license the day I learned that it had lapsed. During the ti...

Jed’s Answer

December 31, 2012 4:42am

I am not a WA attorney or architect. Check with your states licensing board and local authority having jurisdiction. If the license is not required for the design of the residence, then it's unlikely that your client is entitled for a complete reimbursement. Your state's licensing board can give an answer regarding the status of any work you may performed durning the period between the time your license expired and your renewal. The lapse may have been cured with your renewal. This would be an issue if you performed any work during this period that does require valid license.

You should also review this matter with a local WA attorney who is familiar with professional regulation and discipline issues.

Can I get out of this mortgage ? Lemon law??

I got a habitat house in August 2010 since then we have had air conditioning problems ( they had to come out 18 times and then had to have another company come in 4 times. The floors have had mold growing on them, the front door leaks, now the fou...

Jed’s Answer

December 31, 2012 4:28am

You cannot get out of the mortgage without filing for bankruptcy. You might consider simply selling the house. However you may have construction defect claim. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

Can landlords charge an extra five dollars aday

For late fees on rent that is do after the fifty dollars for being late?

Jed’s Answer

December 29, 2012 8:45pm

You lease would control. Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Florida state law does not cover late rent fees. If your lease or rental agreement does not say anything about late fees, your landlord may not impose one, no matter how reasonable it is.

Is it possible to reverse an adoption done in Ohio when I was a child? or is name change my only option?

Mother tricked my birth father into signing away parental rights, had step father adopt us, and 30 years later, I would like to do this for my real father? Not sure what I can do

Jed’s Answer

December 29, 2012 8:17pm

You can go ahead and do an adult adoption, but you will need the consent of the birth parents and your spouse if you have one. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

Roof leaking for over 2 years and landlord has not fixed!

We started renting in December 2009. Almost a year after, the roof started leaking. To make this extremely long story short we're subletting a home that is on the same property as another home, we sublet from the renter of the other home. We haven...

Jed’s Answer

December 28, 2012 2:49am

You probably can get out of the lease if the home is uninhabitable and the landlord is not making any necessary repairs. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

My landlord sent me a termination of lease because the condo in which I'm living is going to be sold in auction by January 8 and

My landlord sent me a termination of lease because the condo in which I'm living is going to be sold in auction by January 8 and if I am not out by the ninth they're going to take my personal possessions and move them out is that legal

Jed’s Answer

December 19, 2012 4:43pm

Not likely, your lease should contain what notifications are required in this situation. Without more information its a little hard to say what your rights are exactly. if you do not have a written lease, then you should have a least a fifteen notice before the end of the monthly rental period. There are a lot of possible scenarios though. if this is a foreclosure sale, you might have a lot more notice. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

I have given my landlord my notice i was leaving. Can they enter the home or can they lock me out?

Trying to get my son's beds and the door was locked. Do the landlords have that right?

Jed’s Answer

December 19, 2012 4:26pm

No. Assuming you have not abandoned the unit. The owner cannot perform self help, but must go through the courts. You may be entitled to monetary damages. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

The contractor I hired to complete repairs on my home from a tornado did not disclose that his worker was a felon. Can I sue?

The contractor has left him alone in my home most of the time. He now knows my home inside and out and has stolen over $200 from my home. I'm afraid if he gets fired he may come back to rob my house or hurt myself or my children. I'm a single mom....

Jed’s Answer

December 19, 2012 1:17pm

If he has stolen from your house, contact the police. You should also contact the GC and let him know as well and ask him for reimbursement. You might consider a restraining order if you have concerns about your safety. You should review this with a VA licensed attorney to review your circumstances and determine what options and solutions might be available to you.